Study On The Obligation To Increase Notice Of Danger In Insurance Law

The obligation of notice of increased risk is an important obligation that the insured should perform during the validity period of property insurance contract stipulated by the insurance law.It plays an important role in maintaining the balance of consideration of the insurance contract and maintaining the stability of the insurance market.The purpose of this paper is to study the notification obligation of risk increase stipulated in China’s current insurance law.In view of the specific problems existing in the identification of risk increase,Application of empirical research method and standard analysis method,the scope of application of notification obligation and the legal consequences of violation of notification obligation,this paper puts forward suggestions for further improvement from the Perspective of empirical and legislative theory,mainly including the following four parts:The first part mainly introduces the basic content of the obligation of notice of increased risk in theory and legislation,including the connotation and nature of the obligation of notice of increased risk in theory,the difference and connection between the obligation of notice of increased risk and the obligation of truthful disclosure,and the brief description of the obligation of Notice of increased risk and the obligation of notice of transfer of insurance object The relationship between the obligation of notice and the obligation of notice.In the last section,based on the provisions of the current insurance law,it analyzes the provisions of increased risk,the scope of application of the obligation of notice and the legal effect of performing or violating the obligation of notice,and finds out the existing problems.The second part studies the identification of increased risk,focusing on the importance of the change in the structure of the subject matter of insurance,the change in the use of the subject matter of insurance and the change in the specific change factors in the users of the subject matter of insurance.First of all,the author searches the judicial case database of Peking University magic weapon,summarizes the cases involving the identification of increased risk,and finds out the problems existing in the identification of increased risk in practice;Secondly,taking vehicle insurance as an example,this paper analyzes the specific factors that affect the increase of risk,and discusses whether the common and controversial issues in the court judgment belong to the situation of significant increase of risk,so as to make it clear to change the nature of vehicle use in vehicle insurance The major determinants of the significant increase of the risk caused by the modification and retrofitting of vehicles and the change of vehicle users or managers;Finally,the judgment standard of risk increase is made clear in theory,and importance,persistence and unpredictability should be adopted as the judgment standard of risk increase.The third part is the extension and limitation of the scope of application of the obligation of notice.First of all,based on the relevant cases retrieved from the judicial case database of Peking University magic weapon,the author concludes that the actual scope of application of the obligation of notice of increased danger in life is inconsistent with the scope of application of the current legislation.Secondly,from the perspective of the legislative purpose and the feasibility of the application in the life insurance contract,we should expand the scope of the application of the notice obligation and make it clear that the notice obligation should be stipulated in the general provisions;Thirdly,the application of limiting the notification obligation of increased risk in the compulsory liability insurance of motor vehicle traffic accidents,especially the requirement that the insurer of compulsory traffic insurance should bear different legal effects after the increase of the risk of the subject matter insured,so as to balance the establishment purpose of compulsory traffic insurance and the notification obligation of increased risk and realize the interests of the parties to the insurance contract;Finally,it clarifies the scope of application of the obligation of notice of increased risk as a whole.The fourth part is the discussion of the legal consequences of breach of the obligation of notification.The author analyzes the cases and finds that the court has different opinions on whether the insurer can be exempted from liability when the increase of the risk of the subject matter of the insurance leads to the insurance accident.The reason for the difference lies in the different understanding of the clause that the insurer does not bear the liability for non performance of the obligation of notifying the increase of risk stipulated in the insurance contract;When there is no causal relationship between the increased risk of the subject matter insured and the occurrence of the insured accident,the insurer’s liability is not clearly defined in the insurance,but the court decides that the insurer shall bear all the liability for compensation.Therefore,in the aspect of the perfection of the law,it is necessary to make it clear that the insurer is exempted from liability for the legal consequences of the insurance accident caused by the violation of the obligation of notice of increased risk,which is a statutory exemption clause;When the risk increases but there is no causal relationship between the increased risk and the insurance accident,we should distinguish the subjective liability of the insured for the increased risk and stipulate different legal effects,so as to meet the requirements of integrity and consideration balance of the insurance law and make the legal effect appropriate.